North Whitehall Township
City Zoning Code
City Zoning Code
ARTICLE VIII
General Regulations
§ 440-75 Frontage onto improved street; number of uses or buildings.
A.
Frontage required onto improved street.
(1)
Every principal building shall be built upon a lot with permanent access upon a public street or a private street that is a) improved to meet Township standards including a street right-of-way, or b) for which such improvements have been insured by the posting of a performance guarantee pursuant to Chapter 375, Subdivision and Land Development. In the case of townhouses or low-rise apartments, each unit may have access onto a parking court, which then has access onto a private street meeting Township standards.
(2)
See Chapter 375, Subdivision and Land Development regarding required improvements to streets.
(3)
If a preexisting lawful lot only has access onto an existing private street that does not meet Township standards and the improvement of that street is reasonably beyond the control of the applicant, the lot may be used for a single permitted by right use, but no new lots shall be created that will not be able to meet this requirement.
B.
More than one principle use on a lot. A maximum of one principal use is permitted per lot, except:
(1)
As is permitted within a shopping center or mixed-use building;
(2)
Nonresidential properties otherwise in conformity with this chapter and compatible with existing surrounding properties, causing no detriment or safety concerns;
(3)
If special exception approval is granted for two or more principal uses on a lot within a commercial or industrial district; or
(4)
If specifically stated as permitted by a provision of this chapter.
C.
Multiple buildings on a lot. An approved commercial, institutional, industrial or low-rise apartment lot may include more than one principal building. Sufficient setback and access shall be provided between such buildings to provide adequate access by emergency vehicles, ladders and personnel. Individual buildings or portions of such buildings may be held in approved condominium ownership, but the lot shall be owned by a single legal entity.
§ 440-76 Height exceptions; airport approaches.
A.
Height exceptions. The maximum structure height specified for each district shall not apply to farm silos and associated agricultural structures, communications towers, standard antenna, water towers, clock or bell towers, steeples of places of worship, electrical transmission lines, elevator shafts, windmills, chimneys or other appurtenances usually required to be and customarily placed above the roof level and not intended for human occupancy.
B.
Height and airport approaches. At a minimum, any structure proposed to have a height of 75 feet or more above average surrounding ground level shall present sufficient information to the Township to prove that the structure would comply with all applicable federal, state and Township requirements regarding airport approaches and warning lights. See Township Code Chapter 130, Airport Zoning, which limits heights of structures and objects in airport approaches.
§ 440-77 Special lot and yard requirements, and sight distance.
A.
In general.
(1)
No lot, structure or use shall be created or developed in such a way that it would result in another lot, building or use not being able to meet the requirements of this chapter. This includes, but is not limited to, setback areas, non-impervious areas and off-street parking areas.
(2)
Emergency access. All uses and structures shall have adequate provisions for access by emergency vehicles and ladders. See driveway slope provisions in Article V.
(3)
Setbacks not applicable. See exemptions for certain structures in § 440-40.
(4)
Accuracy. The applicant is responsible to make sure that all measurements submitted to the Township are accurate.
(5)
Accessory use.
(a)
An accessory use is only permitted on a lot that includes a principal use.
(b)
The front yard requirements established in Article III shall not apply to accessory signs, fences and off-street parking facilities.
B.
Exceptions to minimum lot areas, lot widths and yards.
(1)
Nonconforming lots. See § 440-80.
(2)
Through lots. Any lot having frontage on two approximately parallel streets (not including an alley) shall provide a required front yard setback abutting each of those streets. However, if one of the front yards that would normally be required on a through lot is not in keeping with the prevailing yard pattern, the Township may reduce the yard requirement abutting that street to a width equal to the approximate average of the prevailing yards on adjacent and nearby lots.
(3)
Corner lots. For a corner lot, the side yard abutting a public street shall be equal to the minimum front yard setback. However, if a lot abuts three streets, then yards equal to the minimum front yard shall be required abutting two streets, and a yard equal to one-half of the front yard shall be provided abutting the third street. Under no circumstances shall the front yard setback be less than the front yard setback for other structures fronting on the same public or private street.
(4)
Triangular lots. A three-sided lot shall include one front lot line, one rear lot line and one side lot line.
(5)
Projections into required yards.
(a)
Cornices, eaves, sills or other similar architectural features, exterior stairways, fire escapes or other required means of egress, rain leads, chimneys, "Bilko"-type doors for basement access, window awnings, chase for heating pipes or other similar structures that do not include space usable by persons may extend or project into a required yard not more than three feet, except as may be required within a drainage or utility easement.
(b)
Steps, stoops, fire escapes and landings necessary to provide entrance to a building may be located within a required setback area.
(c)
Wood decks. Wood decks that are not enclosed and are not covered by a permanent roof and that are attached to a dwelling may extend a maximum of 20 feet into a required rear yard setback. All decks must comply with the Township building codes.
(d)
No setback shall be required for a residential patio, provided all of the following conditions are met:
[1]
The patio is neither covered by a permanent roof nor enclosed by walls;
[2]
The patio is set back a minimum of five feet from any residential lot line other than a lot line along which dwellings are attached; and
[3]
The patio is not raised more than three feet above the ground level facing an adjacent dwelling.
(6)
Septic systems. Nothing in this chapter shall prevent the Township Sewage Enforcement Officer from requiring a minimum lot area larger than what is stated in this chapter to carry out state and Township sewage regulations.
(7)
Lot widths for lots along curves. See the provisions for the applicable district in Article III.
(8)
Waiver of setback for accessory structure. The Township may permit a one-story structure with a total floor area of less than 300 square feet that is accessory to a permitted dwelling unit to be placed a minimum of two feet along a side lot line that does not abut a street if all owners of record of property along such side lot line provide a written signed notarized statement stating that they have no objection to such reduced setback.
(9)
Flag lots. A flag lot may be created if all of the following requirements are met:
(a)
The lot shall meet the minimum lot width at the proposed front yard building setback line, instead of the minimum building setback line. The minimum front yard shall be measured at a point where the lot significantly widens from the width of the pole portion of the lot. In any case, such proposed front yard building setback line shall not be greater than 300 feet (in all residential zones except 600 feet in a CR Zone) from the existing right-of-way of the public street.
(b)
In any subdivision, all lots other than an approved flag lot shall conform to all Township requirements, including complying with the minimum lot width at the minimum building setback line. The flag lot shall meet all Township requirements except for the lot width modification permitted by this section.
(c)
The pole portion of a flag lot shall have a minimum of 25 feet of width along a public street, measured at the street right-of-way line. The access strip shall be part of the same fee-simple lot as the remainder of the flag lot. All portions of the lot shall have an absolute minimum width of 25 feet and a maximum width of 50 feet.
(d)
The applicant shall submit a site plan showing that a permanent driveway will be developed that meets Township standards (including maximum slope), that will be accessible to emergency vehicles, and that connects the public street to the proposed building area.
[1]
One driveway shall be provided for each lot, unless shared or converged driveways are specifically approved as part of the subdivision approval.
[2]
Based upon sight distance issues and natural features of the tract, the Board of Supervisors may require a separate, shared, converged or partially converged driveway at the time of subdivision approval.
[3]
If a shared driveway is proposed, the applicant shall provide evidence that there will be an appropriate legally binding method to ensure proper maintenance of such driveway.
(e)
The flag lot shall only include one single-family detached dwelling and its permitted accessory uses.
(f)
Only one flag lot shall be created from any parent tract that existed at the time of adoption of this chapter. In order to create a flag lot, the parent tract shall include a minimum of three acres before the flag lot is subdivided.
(g)
An absolute maximum of one tier of flag lots shall be created along any street.
(h)
No buildings shall be located in the pole portion of a flag lot. Any portion of the lot with a width of less than 50 feet shall not count towards the minimum lot area requirements of this chapter.
(10)
Permission of owner. Any principal use, accessory use, conditional use, special exception use or nonconforming use which is established, operated or conducted by any person other than the owner of the lot upon which such use is located, without express prior written permission, consent, authorization, lease, agreement or other written documentation from one (or more) of the holder(s) of the fee simple legal title to said lot; or in lieu of such documentation, without the lot being subject to a pending or final action, adjudication or decree, in the nature of an adverse possession, quiet title, or ejectment, as the case may be, which would grant or result in the same or similar rights; is hereby declared to be a violation of this chapter, illegal and a public nuisance.
C.
Sight distance at intersections.
(1)
Intent. To ensure that traffic passing through an intersection or turning onto a street can safely see oncoming traffic.
(2)
A triangular area as described in this section shall be graded and shall be kept free of new or expanded sight obstructions between a height of two and 10 feet, including structures, nontransparent fences, vegetation (including crops) and signs (but not including sign posts of less than one foot in width or the trunks of trees or mailboxes).
(3)
This sight clearance triangle shall be shown on development plans submitted to the Township and be shown on any plan required to be recorded. Such triangle shall serve as a permanent setback line for all such visual obstructions and shall be binding upon present and future owners of the land. Such triangle shall apply on all lots that are under the ownership of or the control of the applicant.
(4)
The minimum sight clearance triangle shall be as follows:
(a)
The two shorter legs of the triangle shall be measured from the intersecting point of the center lines of the street receiving the traffic and the entering street, accessway or driveway. The two shorter legs shall then be connected by a third leg to form the triangle.
(b)
The sight clearance triangle shall be established by a distance along the center line of the receiving street (established below) and a distance (measured along the center line of the entering street, accessway or driveway) 50 feet back from the edge of the existing legal right-of-way of the receiving street. The following distances shall be used along the center line of the receiving street in each direction from the intersection to establish the sight clearance triangle:
[1]
150 feet along the center line of any arterial or collector street.
[2]
100 feet along the center line of any local street.
(5)
These sight clearance requirements shall apply to all intersections involving a public street and another street, accessway or driveway.
(6)
A sight clearance triangle shall be applied for each direction of approach to an intersection.
§ 440-78 Landscaping and buffer yards.
A.
Ground cover. Any part of a commercial, industrial, institutional or garden apartment lot which is not used for structures, loading areas, parking spaces and aisles, sidewalks and designated storage areas shall be provided with an all-season, well-maintained vegetative ground cover, and shall be landscaped with trees and shrubs.
B.
Buffer yards. Buffer yards and screening complying with the following standards shall be required under the following situations:
(1)
Purpose: Buffering serves to soften the outline of buildings, to screen glare and noise, and to create a visual and/or physical barrier between conflicting land uses.
(2)
Buffer yard width, when required. Buffer yards with evergreen screening shall be required in the following situations, with whichever is most restrictive applying.
Proposed Use | Adjacent Use | ||
|---|---|---|---|
Residential | School | Existing Right-of-way | |
Industrial | 50' | 50' | — |
Industrial storage or loading* | 50' | 50' | 30' |
Commercial | 30' | 30' | — |
Institutional | 30' | 30' | — |
Parking (10 spaces or more) | 10' | 10' | — |
Residential | — | — | 20' |
Note: | |
|---|---|
* | Including any area routinely used for the keeping of three or more tractor trailers or trucks with refrigeration systems operating overnight. |
(3)
Location of buffer yards.
(a)
The buffer yard shall be measured from the district boundary line, future street right-of-way line or lot line, whichever is applicable.
(b)
Plants needed for the planting screen shall not be placed within a future or existing street right-of-way. The required buffer yard width shall be in addition to the required future street right-of-way.
(c)
The buffer yard may include areas within a required front, side or rear yard, or a paved area setback area provided the larger yard requirement shall apply in case of overlap.
(d)
A business use shall not be required to provide a buffer yard for an adjacent residential use or district if the uses/districts are separated by an expressway. However, outdoor storage or tractor trailer parking adjacent to an expressway shall provide any required buffer yard and screening.
(4)
Characteristics of buffer yards.
(a)
The buffer yard shall be a landscaped area free of structures, dumpsters, commercial or industrial storage or display, manufacturing or processing activity, materials, loading and unloading areas or vehicle parking or display.
(b)
Maintenance. In buffer yards, all areas not covered by trees and shrubs shall be well-maintained in an all-season vegetative ground cover (such as grass) and shall be kept free of debris, noxious weeds, rubbish, and grass higher than 12 inches.
(c)
Preservation of existing vegetation or slopes. If an applicant proves to the satisfaction of the Township that an existing healthy tree line, attractive thick vegetation, natural earth berm and/or steep slopes will be preserved and serve the same buffer purposes as plant screening that would otherwise be required, then such preserved existing buffer shall be permitted to be used in place of planting new plants. In such case, the width of the buffer yard required by § 440-78 shall still apply. If this existing buffer is removed, the applicant shall be required to plant a buffer yard that will meet the planting requirements of this section.
(d)
Fence. Any fence in a buffer yard shall be placed on the inside of any required planting screen.
(5)
Planting screen.
(a)
Each buffer yard shall include a planting screen of trees or shrubs extending the full length of the lot line.
(b)
Each planting screen shall meet the following requirements:
[1]
Plant materials needed to form the planting screen shall have a minimum height when planted of four feet and shall be of such species and size as will produce within four years an 80% year-round visual screen of at least six feet in height. Where the minimum planting height at installation is less than 6', the planting screen shall be supplemented by another screening material (fence, wall, etc.) that produces an 80% year-round visual screen of 6' until such time as the installed plant material produces such screen.
[2]
In addition, an average of one shade or ornamental deciduous tree shall be placed for each 50 feet of length of the buffer yard. Such trees may be clustered or spaced unevenly. Shade or ornamental trees that are used to meet the requirements of this section shall have a minimum trunk diameter of 1 1/2 inches measured at 4 1/2 feet above grade at the time of installation.
[3]
The planting screen shall be permanently maintained by present and future landowners. Any plants used to form the planting screen that die or are removed shall be replaced within 180 days.
[4]
The planting screen shall be placed so that at maturity the plants will be at least five feet from any cartway and will not grow over an exterior lot line.
(c)
The planting screen shall be interrupted only at:
[1]
Approved points of approximately perpendicular vehicle or pedestrian ingress and egress to the lot;
[2]
Locations necessary to comply with the sight distance requirements of § 440-77C; and
[3]
Locations necessary to meet other specific state and Township requirements.
(d)
Evergreen trees likely to grow substantially in diameter should be planted in two or more rows or off-sets if needed to allow space for future growth.
(e)
Hardiness and quality. All required plant materials shall be hardy to the area (see Zone 6B of U.S. Department of Agriculture Plant Hardiness Zone Map). All required plant materials shall conform to the grading and harvesting standards as established by the American Horticultural Society, or its successor organization or similar published, generally accepted standards.
(6)
Buffer yard plans.
(a)
Prior to the issuance of a permit under this chapter where a buffer yard would be required, and on any required subdivision or land development plan, the applicant shall submit plans showing:
[1]
The location and arrangement of each buffer yard;
[2]
The placement, general selection of species and initial size of all plant materials; and
[3]
The placement, size, materials and type of all fences to be placed in such buffer yard.
(b)
The Township shall review such plans to determine that the plans are in conformance with the terms of this chapter.
(7)
Species of plants in planting screens.
(a)
Trees and shrubs needed to form a required visual screen shall be of the following or closely related species, unless the applicant proves to the satisfaction of the Board of Supervisors, Planning Commission or Zoning Officer that a substitution would be appropriate. A required planting screen shall primarily include evergreen plants. Leafy deciduous plants may be selectively used, provided that their use does not result in a visual screen of less than 80% during the winter. If more than 25 plants are needed to form a planting screen, then a maximum of 50% of such plants shall be of one species.
[1]
Abies - all varieties of firs.
[2]
Buxus - all varieties of boxwood.
[3]
Chaenomeles japonica - flowering quince.
[4]
Comus - all varieties of dogwood.
[5]
Cotoneaster divaricata - spreading or upright cotoneaster.
[6]
Crataegus crus-galli - cockspur hawthorn.
[7]
Crataegus phaenopyrum - Washington hawthorn.
[8]
Euonymus - all varieties of euonymus, except those deemed invasive by the Pennsylvania DCNR.
[9]
Forsythia x intermedia 'Spectabilis' - showy forsythia.
[10]
Hamamelis - all varieties of witch hazel.
[11]
Hydrangea - all varieties of hydrangea.
[12]
Ilex - all varieties of holly.
[13]
Juniperus - all varieties of junipers.
[14]
Kalmia latifolia - mountain laurel.
[15]
Kolkwitzia amabilis - beauty bush.
[16]
Magnolia - all varieties of magnolia.
[17]
Picea - all varieties of spruces.
[18]
Pinus - all varieties of pines.
[19]
Pseudotsuga menziesii - Douglas fir.
[20]
Rhododendron Spp. - hardy varieties.
[21]
Spirea - all varieties of spirea, except Spiraea japonica.
[22]
Syringa - all varieties of lilac.
[23]
Taxus - all varieties of yews.
[24]
Thuja occidentalis - American arborvitae.
[25]
Tsuga - all varieties of hemlocks.
[26]
Viburnum - all varieties of viburnum, except those deemed invasive by the Pennsylvania DCNR.
(b)
In addition, the following varieties of deciduous trees are highly recommended:
[1]
Acer rubrum - red maple.
[2]
Quercus spp. - oak spp.
[3]
Robinia pseudoacacia inermis - Thornless black locust.
(c)
Invasive species may not be planted to fulfill Township requirements under any circumstances. Refer to the Pennsylvania Department of Natural Resources Invasive Plant List for a current list of invasive species.
(8)
Alternative buffer. In circumstances where the applicant proves that: a) it is impractical to meet the buffer requirements of this section; b) alternative measures would be preferable and have the same effect; or c) the buffer would serve no valid public purpose, then by special exception the Zoning Hearing Board may approve acceptable alternative methods of providing a buffer, provided that such alternative meets the objectives of this section. In such case, the Zoning Hearing Board shall consider the specific features of the site and the impacts of the proposed use.
(9)
Earth berms. If an earth berm is proposed in order to meet the provisions of this chapter, it shall meet the following requirements:
(a)
The berm shall have a minimum average height of five feet above the average finished ground level (disregarding drainage channels) on the school or residential side of the berm.
(b)
Evergreen screening required in a buffer yard shall be placed on the top or on the school/residential side of the berm.
(c)
The berm shall be continuous along such boundary, except:
[1]
At approved driveway entrances and exits; and
[2]
Along segments where it is impossible to provide such berm while still providing adequate sight distance for traffic.
(d)
Any fence shall be provided on the business side of the berm.
(e)
The berm shall have a maximum side slope of three horizontal to one vertical.
(f)
The entire berm shall be covered by a well-maintained and attractive all-season vegetative ground cover.
(g)
The berm may be located within a required buffer yard.
C.
See the paved area landscaping provisions in § 440-57H.
§ 440-79 Establishment of future/ultimate right-of-way widths for streets.
A.
Purpose. Minimum future/ultimate right-of-way widths are established for streets where the existing right-of-way is less than that indicated in this section for the particular classification of street. These future rights-of-way are designed to reserve adequate rights-of-way for future circulation improvements, including street widenings, intersection realignments and widenings, shoulders, bikeways and sidewalks, and to provide rights-of-way for needed public sewer and waterlines and other utilities and drainage improvements.
B.
Reservation of future/ultimate right-of-way.
(1)
Any lot proposed for a subdivision or land development shall show the dimensions of the future right-of-way provided for under this section. Such line or proposed line shall be noted on the plan.
(2)
Except as provided for in this § 440-79, an applicant is requested to dedicate such future right-of-way along a state road if PennDOT will accept it.
(3)
If such right-of-way would be along a state road and PennDOT will not accept it, or if such right-of-way would be along a Township road, then the applicant is requested to offer to dedicate the right-of-way to the Township. The Township may then convey such right-of-way to PennDOT in the future.
(4)
If the Township does not wish to accept right-of-way at the present time, the applicant is requested to provide a legal mechanism for the right-of-way to be dedicated by the present or future owner at such time as the Township or PennDOT may request dedication in writing.
(5)
Regardless of whether the future right-of-way is actually dedicated, the minimum yards shall be measured from the future right-of-way distance that would apply if the future right-of-way would be dedicated.
C.
Measurement.
(1)
The future right-of-way shall be measured with one-half on either side of the center line of the existing right-of-way. If the existing right-of-way is clearly significantly off-center of the cartway, the center line of the cartway shall be used.
(2)
The specific classification of each street is shown on the Township Official Street Classification Map, at the end of this document. For new streets, see the definitions of "streets" in Article II.
D.
Minimum widths. The future rights-of-way widths specified in Chapter 375, Subdivision and Land Development, as amended, shall be shown along each existing street according to its classification.
E.
Maintenance. The owner of the adjacent property shall be responsible for maintenance of portions of the right-of-way not used as the vehicle cartway or shoulder.
F.
Right-of-way exceptions. Only the Board of Supervisors may approve a reduction in the minimum future right-of-way.
§ 440-80 Nonconformities.
A.
Proof and registration of nonconformities. It shall be the responsibility of, with the burden of proof upon, a party asserting a nonconformity to provide the evidence that it is lawful. A property owner may request a written statement of nonconformity from the Township after providing sufficient evidence.
B.
Continuation. A lawful nonconforming use, structure or lot as defined by this chapter may be continued and may be sold and continued by new owners. Any expansion of construction upon or change in use of a nonconformity shall only occur in conformance with this section.
C.
Expansion of or construction upon nonconformities.
(1)
Nonconforming structure.
(a)
The Township shall permit a nonconforming structure to be reconstructed or expanded up to 50% of the volume or area existent at the date the use became nonconforming structure, provided:
[1]
That such action will not increase the severity or amount of the nonconformity (such as the area of the building extending into the required yard) or create any new nonconformity; and
[2]
That any expanded area will comply with the applicable setbacks in that district and other requirements of this chapter.
(b)
In the case of a nonconforming structure which is used by a nonconforming use, any expansion shall also meet the requirements of this section regarding nonconforming uses.
(c)
A second floor may be added directly above an existing first floor of a nonconforming structure, provided other requirements of this chapter are met.
(d)
Where a lot includes two or more principal buildings that existed prior to the adoption of this chapter, such lot may be subdivided into two lots without having to comply with minimum setbacks, maximum impervious coverage, maximum building coverage and minimum lot area requirements. However, any expansions or changes to the buildings shall not be permitted to create additional nonconformities or to increase the severity of a nonconformity. Such subdivision shall not by itself permit the construction of any new buildings on such lots. Each lot shall meet Township and state requirements for water and sewage service.
(2)
Nonconforming lots.
(a)
Permitted construction on a nonconforming lot. New permitted structures for a single permitted by right principal use and its customary accessory uses may be constructed, reconstructed or expanded on a nonconforming lot of record as a permitted by right use if all of the following requirements are met (NOTE: smaller lots shall require a variance):
[1]
The lot area is at least 30% of the minimum lot area.
[2]
The lot width at the minimum building setback line is at least 30% of the minimum lot width.
[3]
The lot is a lot of record that lawfully existed and was in single and separate ownership (as defined in Article II) prior to the adoption of this chapter or an applicable subsequent amendment.
[4]
Minimum setbacks and other requirements of this chapter are complied with for any new construction or expanded area.
[5]
If a new principal building will be served by an on-lot septic system, the nonconforming lot shall comply with all State regulations. If the nonconforming lot is not part of a Township-approved subdivision plan after 1981 with approved sewage testing shown on the plan, the owner shall also provide an approved alternate drainfield location.
[6]
The lot shall comply with Subsection C(2)(c) below.
(b)
Setback reduction. The Zoning Hearing Board may grant a special exception to reduce the required setbacks by up to 50% concerning construction on a nonconforming lot if the Board determines that such reduction would result in a building that would be more compatible with neighboring residences than would be built if the setback requirement was not reduced.
(c)
Merger of nonconforming lots in common ownership. Two nonconforming parcels which were in single and separate ownership on or before December 1, 1995, and where each have less than 50% of the minimum lot area required by this chapter* shall not be separately sold and shall be integrated into a single lot prior to being used for the construction of a new principal building(s).
*Based upon the standards that would apply in that district if such lot had both public water and central sewage service.
(d)
The Township may require a consolidation of deeds of two abutting parcels if the one parcel is necessary to meet the minimum principal structure setback requirements of the building on the abutting parcel.
(e)
Variance. If a proposed development on a nonconforming lot does not meet the requirements of the above Subsection C(2)(a) and (b), then development of the lot shall not occur unless a variance is granted by the Zoning Hearing Board. The standards provided for a variance in the Pennsylvania Municipalities Planning Code[1] shall be considered. In addition, the Zoning Hearing Board shall also review whether any alternative permitted uses could reasonably be made of the property that would less adversely impact upon the established character of an existing residential neighborhood than the proposed use.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(f)
Lot width. The fact that an existing lawful lot of record does not meet the minimum lot width requirements of this chapter shall not by itself cause such lot to be a nonconforming lot.
(g)
Future right-of-way. The dedication of additional right-of-way abutting an existing public street shall not by itself cause a lot or a structure to be considered nonconforming.
(3)
Expansion of a nonconforming nonresidential use. A nonconforming use or a building used by a nonconforming use shall not be expanded, except in accordance with the following provisions:
(a)
An expansion of more than 5% in total building floor area shall require special exception approval from the Zoning Hearing Board under § 440-26.
(b)
Such reconstruction or expansion shall be only upon the same lot that the nonconforming use was located upon at the time the use became nonconforming.
(c)
The 1) total building floor area used by a nonconforming use or 2) the total land area covered by the nonconforming use shall each not be increased by greater than 100% beyond what existed in the nonconforming use at the time the use first became nonconforming.
[1]
The above maximum increase shall be measured in aggregate over the entire life of the nonconformity. All expansions of the nonconforming use and/or building(s) that occurred since the use originally became nonconforming shall count towards the above maximum increase.
(d)
Any expansion of a nonconforming use shall meet the required setbacks and other requirements of this chapter, unless the Zoning Hearing Board grants a variance.
(4)
Expansion of a nonconforming residential use. An existing nonconforming residential use may be expanded in floor area as a permitted by right use, provided that:
(a)
The number of dwelling units is not increased;
(b)
The expansion meets all applicable setbacks;
(c)
No new types of nonconformities are created; and
(d)
A nonconformity is not made more severe (including the building area within the required setback area).
(5)
Nonconforming sign. The provisions of this chapter shall not be interpreted to provide a right to expand or extend a nonconforming sign. Instead, any expansions or extensions of a nonconforming sign shall comply with this chapter.
D.
Damaged or destroyed nonconformities.
(1)
A nonconforming structure that has been destroyed or damaged equal to 50% or more of its total value by fire, windstorm, lightning or a similar cause deemed to be not the fault of the owner may rebuild in a nonconforming fashion only if a) the application for a building permit is submitted within 18 months after the date of damage or destruction, b) work begins in earnest within 12 months afterwards and continues, and c) no nonconformity may be created or increased by any reconstruction. Property shall be properly secured during such time in such a way to keep out trespassers and to avoid harm to neighboring properties.
(2)
Rebuilding of a damaged or destroyed nonconformity shall not begin until plans for rebuilding have been presented and approved by the Township. Any change of one nonconforming use to another nonconforming use shall comply with the provisions of this section.
(3)
Nonconforming use of open land. All nonconforming off-premises signs, junkyards, outside storage areas and similar nonconforming uses of open land, when damaged to an extent of 50% or more of replacement cost, shall not be continued, repaired or reconstructed.
E.
Abandonment of a nonconformity.
(1)
If a nonconforming use of a building or land is discontinued, razed, removed or abandoned for a period of 18 months or more, it shall be presumed to be abandoned.
(2)
The burden of proof shall be upon the applicant to establish that the nonconformity was not abandoned.
(3)
If the applicant proves that the use was not abandoned, the subsequent use of such building or land shall conform with the regulations of the district in which it is located, except:
(a)
As provided for in the "damaged or destroyed nonconformities" provisions of this section; and
(b)
If a nonconforming junkyard, off-premises sign or outside storage area is discontinued for at least 90 days, the use shall not be continued, repaired or reconstructed.
F.
Changes from one nonconforming use to another.
(1)
Once changed to a conforming use, a structure or land shall not revert to a nonconforming use.
(2)
A nonconforming use may be changed to a different nonconforming use only if permitted as a special exception by the Zoning Hearing Board. However, special exception approval is not needed for a simple change within an existing building from one lawful nonconforming retail store use to another retail store use or from one lawful nonconforming personal service use to another personal service use, provided that the new use complies with any Zoning Hearing Board conditions that applied to the previous use and is not more objectionable in external effects than the previous use.
(3)
Where special exception approval is required for a change of a nonconforming use, the Board shall determine whether the applicant has provided sufficient proof to show that the proposed new use will be equal or less objectionable in external effects than the preexisting nonconforming use with regard to:
(a)
Traffic safety and generation;
(b)
Noise, dust, fumes, vapors, gases, odor, glare, vibration, fire, hazardous substances, and explosive hazards;
(c)
Amount and character of outdoor storage;
(d)
Hours of operation if the use is close to dwellings or a residential zone; and
(e)
Compatibility with the character of the surrounding area.
(4)
A nonconforming use shall not be changed to a nonconforming adult use.
G.
District changes. Any uses, structures or lots that become nonconforming because of a zoning district change shall be regulated under this section on nonconformities.
§ 440-81 Temporary structure or use.
See § 440-10G in Article I.
§ 440-82 Industrial and commercial driveways.
A private driveway or accessway serving a principal commercial or industrial use shall not be permitted in a residential district that does not permit such use. This restriction shall not apply to public streets or a driveway or accessway that will be clearly limited to use by only emergency vehicles.
§ 440-83 Street access; highway frontage development.
A.
Purposes. To encourage the sound development of highway frontage; to minimize traffic congestion and hazards; and, to maximize the efficient use of the limited capacity available along major roads.
B.
Each lot with less than 250 feet of frontage on an arterial street shall have not more than one access point involving left-hand turns onto each such street, and no lot with 250 feet or more feet of total frontage on an arterial street shall have more than two access points involving left-hand turns onto any such arterial street.
(1)
This provision shall not apply to the following:
(a)
Construction of new streets onto an existing arterial street; or
(b)
Access points that are clearly limited to use by only emergency vehicles.
(2)
A separate ingress point and a separate egress point shall be considered one access point, if well-marked and clearly designed to inhibit two-way traffic at each point.
C.
Where practical, access to two or more nonresidential lots shall be combined and/or shared and/or coordinated to minimize the number of access points onto an arterial street. Shared parking lots, accessways and/or driveways connecting adjacent nonresidential lots shall be used to the maximum extent practical.
(1)
See § 440-59B, which permits possible reduction of parking requirements when shared parking is provided.
(2)
All uses shall be designed to maximize the safety and efficiency of ingress and egress to and from public streets, including maximizing the coordination of access between different existing, proposed and potential uses and lots. Direct vehicular access shall be avoided onto any collector or arterial street, and use of reverse frontage is strongly encouraged.
D.
See the access control provisions of Chapter 375, Subdivision and Land Development.
E.
Any new or expanded principal nonresidential use shall provide a physical separation between a street and all areas used for off-street parking, loading/unloading, and motor vehicle storage/movement. Such separation shall include a raised curb, planting strip, or other suitable barrier against unchanneled motor vehicle entrance or exit, except for necessary and approved defined vehicle entrance and exit points. Such separation shall be intended to prevent vehicles from being parked within the existing street right-of-way, except for lawful on-street parking spaces.
F.
All parking areas or lots (except parking for single-family detached or semidetached dwellings onto a local street) shall be designed to prevent vehicles from backing out on the street. The capacity of each parking area shall provide adequate storage area and distribution facilities upon the lot to prevent backup of vehicles on a public street while awaiting entry to the lot.
G.
Within any shopping center, office complex, or apartment development involving two or more buildings, all buildings shall front upon a marginal street, service road, common parking lot or common access drive, without separate vehicle access from each building onto a public street.
H.
For a nonresidential use, all points of vehicular traffic to and from an arterial or collector street shall be located not less than 200 feet from the point of intersection of any public street lines with each other, unless such a point of vehicular access would be lined up with a street entering on the other side of the arterial or collector street.
(1)
Applicants/developers shall provide for adequate signalization, turn lanes and acceleration/deceleration lanes where necessary to properly manage the traffic entering or exiting the applicant's proposed development. Such improvements shall be designed based upon the maximum build-out of the applicant's land.
I.
For any such improvements that are not currently warranted, the Board of Supervisors may require that the applicant provide security to ensure such improvements are installed when warranted. If such improvements are not warranted within a specified number of years, then the security shall be released to the applicant.
J.
All institutional uses upon a lot shall have direct access to a major arterial street.
§ 440-84 Posting of street address.
Every principal building shall post its street number in such a prominent place and of such size type that the number can be clearly viewed from a street. Reflective or lighted printing is recommended. See Chapter 293, Numbering of Buildings; Naming of Streets, as amended or superseded.
§ 440-85 Traffic impact study.
See the provisions in Chapter 375, Subdivision and Land Development, as amended.
§ 440-86 Common open space; homeowners' associations; condominium ownership.
A.
Condominium ownership.
(1)
Purpose. To allow certain land uses to be developed with ownership of buildings or portions of buildings by individuals, while all or most of the land area is owned commonly and maintained by a homeowner's association.
(2)
In the absence of a subdivision of land into separate lots, all dimensional requirements of this chapter shall be shown to be met by any use or lot through the use of theoretical or "ghost" lines drawn on a plat or plan.
B.
Maintenance of commonly owned land. The maintenance of commonly owned land shall generally follow the provisions of Section 705(f)(1) and (2) of the Pennsylvania Municipalities Planning Code.[1] Any condominium or homeowners' association agreement shall be reviewed by the Township Solicitor and require approval of the Board of Supervisors prior to recording of the deeds. Any such agreement shall be recorded prior to recording the subdivision or land development plan unless otherwise agreed between the Township and the applicant.
[1]
Editor's Note: See 53 P.S. § 10705.
C.
Methods of preserving common open space.
(1)
The method of ownership and preservation of any required open space shall be determined prior to preliminary subdivision or land development approval. The Township shall be given the right of first refusal at the time of such review to accept proposed open space as public open space. Required open space shall be permanently preserved by one of the following methods:
(a)
Dedication to the Township as public open space, if the Board of Supervisors agree, in writing, to such dedication and agree to maintain such land for public open space.
(b)
Dedication to the County of Lehigh as public open space, if the county government agrees, in writing, to such dedication and agrees to maintain such land for public open space.
(c)
Dedication to the Parkland School District if the school district agrees, in writing, to accept such dedication and to use and maintain the land for public school buildings and public open space.
(d)
Dedication to a homeowners' association as common open space that is not publicly owned, with the association legally bound to ensure the maintenance and preservation of such land and with such homeowners' association being incorporated with covenants and bylaws providing for the filing of assessments and/or municipal liens for the nonpayment of maintenance costs for the common open space.
[1]
Such responsibilities shall be specified as part of each deed prior to sale of each lot or dwelling unit. The Board of Supervisors may delay a dedication of maintenance responsibilities by a developer to a homeowners' association until such association is incorporated and able to maintain such land.
(e)
Dedication of the land itself or dedication of a permanent conservation and/or agricultural preservation easement to an established nature conservation organization acceptable to the Board of Supervisors. If the Board of Supervisors permits only an easement to be dedicated, then the Board of Supervisors may permit that such open space may remain privately owned within certain lot(s) that are larger than would otherwise be required.
(f)
Dedication of a permanent conservation and/or agricultural preservation easement to the Township, with such land remaining privately owned and part of individual lots. The Township may also require that duplicate easements be provided through agreements with both the Township and a nature conservation organization to provide increased assurance that the land will be preserved.
(2)
The Board of Supervisors shall only approve a development involving common open space if it determines that there will be an acceptable method to ensure permanent preservation of the required open space. Areas required to be preserved shall be preserved by an appropriate method (such as a homeowners' association agreement) in a legal form acceptable to the Township Solicitor. The Board of Supervisors may require reasonable adjustments to such agreement based upon such review. See § 440-89B below.
(a)
See the definition of "open space, common" in § 440-30, which limits the types of land that can be used to meet common open space requirements.
(b)
Unless otherwise approved by the Board of Supervisors the record plan shall include notes requiring that designated open space "shall not be further subdivided and shall not be used for the construction of any buildings."
(3)
Township maintenance. The Township shall be under no obligation to maintain any common open space unless the Board of Supervisors specifically accepts such responsibility in writing. Any homeowners' association common open space agreement or conservation easement shall state that the Board of Supervisors may require proper maintenance of such land, and if such work is not completed within a reasonable period of time, the Township may at its option complete such work and collect all costs incurred from the association.
(4)
Type of maintenance. Where open space is not dedicated to a governmental entity, the subdivision or land development plan shall state the intended type of maintenance of the open spaces. The following classes of use and maintenance may be used, or other classes may be used that are clearly described within and approved as part of the plan submittal:
(a)
Lawn. A grass area with or without trees which may be used by the residents for a variety of purposes and which is intended to be mowed regularly.
(b)
Natural area. An area of attractive desirable natural vegetation that is primarily intended for passive recreation, with minimal maintenance. Noxious and poisonous weeds should be controlled. Planting of additional trees as appropriate and wildflowers is recommended.
(c)
Recreation area. An area designated for a specific recreation use, including but not limited to tennis, swimming, shuffleboard, playfields and/or children's play equipment. Such areas shall be maintained so as to be safe and appropriate for the intended use.
(5)
Legally binding documents providing for the ownership and maintenance of open space that is not approved for dedication to a governmental entity shall at a minimum include the following:
(a)
Requirements that the land be used for designated purposes.
(b)
Completion of proper maintenance in perpetuity for those portions of the open space requiring maintenance.
(c)
A legally binding process to ensure that property owners within the development are required to properly fund any needed maintenance and other expenses related to commonly owned land, such as taxes.
(6)
If a homeowners' association or similar organization is to be responsible for maintenance of open space, such organization at a minimum shall:
(a)
Be legally established prior to any dwelling units being built or sold within the development.
(b)
Require mandatory membership for each property owner.
(c)
Be responsible for liability insurance, taxes, recovery for loss sustained by casualty, condemnation or otherwise and the maintenance of recreational and other facilities for the open space.
(d)
Require members or beneficiaries to pay their pro rata share of the costs, with the assessments levied in a manner that they can be enforced through a lien on the property.
(e)
Provide for adjustments in the assessment to members or beneficiaries in order to meet changing conditions and costs.
(f)
Not be permitted to be dissolved nor to dispose of the open space by sale or otherwise, except if the Board of Supervisors preapprove the responsibilities and ownership of the open space being conveyed to another responsible entity.
(g)
Be restricted from selling or other utilizing such open space for construction of buildings, other than accessory buildings specifically approved as part of the development plans.
(7)
If the open space is to be dedicated to a governmental entity other than the Township, the applicant shall provide evidence that the following would be legally binding upon such entity:
(a)
That the land would be accessible to, and of benefit to, the general public, within the conditions of the development approval.
(b)
That there will be no cost to the Township for maintenance of the land.
(c)
That there will be continued maintenance in perpetuity for those portions of the open space requiring maintenance, and that the entity has the ability to fund such maintenance.
(d)
Such other terms and conditions as may be required by the Township.
(8)
Land dedicated as open space pursuant to a requirement of this chapter shall not qualify as, otherwise count towards, an applicant's duty to provide for a park or recreation contribution as set forth in Chapter 375, relating to Subdivision and Land Development, and MPC Section 503(11).[2]
[2]
Editor's Note: See 53 P.S. § 10503.
§ 440-88 Fences and walls.
A.
Fences and walls are permitted by right in all districts. Any fence or wall shall be durably constructed and well maintained. Fences that have deteriorated shall be replaced or removed. A zoning permit is required for all fences and walls other than seasonal temporary snow fences and temporary fences around active construction sites. Such temporary fences may have a maximum height of eight feet in a residential district.
B.
Sight distance, stormwater and easements. No fence, wall or hedge shall obstruct the sight distance requirements of § 440-79C, nor obstruct safe sight distance within an alley. No fence or wall shall obstruct the flow of stormwater, except if approved as part of a Township-approved stormwater system. No fence or wall shall be constructed within an active utility easement in such a way that it would substantially inhibit use and maintenance of the easement for its intended purpose.
C.
Fences.
(1)
Front yard. Any fence located in the required front yard of a lot in a residential district shall a) be an open type of fence (such as picket or split rail) with a minimum ratio of 1:1 of open to structural areas, b) not exceed five feet in height, and c) be constructed entirely of wood (plus any required fasteners and any wire mesh attached on the inside of the fence) or wrought iron or other material that closely resembles wood or wrought iron.
(2)
A fence shall not be required to comply with minimum setbacks for accessory structures.
(3)
Height. No maximum height shall apply to fences that are not within a residential district. A fence located in a residential district in a location other than a required front yard shall have a maximum height of six feet, except:
(a)
A maximum height of 12 feet is permitted to enclose a tennis or racquet sport court or a nonhousehold swimming pool or an electric substation, provided that such fence is set back a minimum of 10 feet from all lot lines; or
(b)
If an applicant clearly proves, in writing, to the satisfaction of the Township that a higher fence is needed to protect public safety around a specific hazard, such as around an electric substation; or
(c)
An eight-foot-high fence is permitted surrounding livestock or an approved fairgrounds.
(4)
Setbacks. No fence shall be built or maintained within an existing or dedicated easement or future right-of-way of a street. A fence of a dwelling may be constructed without a setback from a lot line in a residential district, but a one foot or greater setback is recommended to provide for future maintenance of the fence. A fence for a nonresidential use shall be set back a minimum of five feet from any abutting lot line of an existing dwelling or an undeveloped residentially zoned lot. No fence shall be located within the paved area setback required under § 440-57G.
(5)
Any fence that has one side that is smoother and/or more finished than the second side should be, but is not required to be, placed so that smoother and/or more finished side faces away from the area that is enclosed, unless the fence abuts a business use.
(6)
Fence materials. Barbed wire shall not be used as part of fences around dwellings. Electrically charged fences shall only be used to contain farm animals and shall be of such low intensity that they will not permanently injure humans. No fence shall be constructed out of fabric, junk, junk vehicles, appliances, tanks or barrels.
(7)
A fence may be placed onto the top of a permitted wall, provided that the total height to the top of the fence does not exceed the maximum permitted fence height.
D.
Walls.
(1)
Engineered retaining walls necessary to hold back slopes are exempted from setback regulations and the regulations of this section and are permitted by right as needed in all districts.
(2)
No wall of greater than three feet shall be located in the required front yard in a residential district, except as a backing for a permitted sign at an entrance to a development.
(3)
A wall in a residential district outside of a required front yard shall have a maximum height of three feet if it is within the minimum accessory structure setback and six feet if it is not.
(4)
Walls that are attached to a building shall be regulated as a part of that building, and the regulations of this section shall not apply.
E.
Gates. All fences, walls or continuous hedges more than four feet in height shall be equipped with gates or other suitable passageways at intervals of not more than 250 feet.
§ 440-89 Short term rentals.
A.
Short-term rentals shall not be permitted in any zoning district except as permitted as a Township approved use, i.e., bed-and-breakfast; motel, hotel, or inn. Notwithstanding any other provision of this Code, it shall be unlawful for any person to offer or make available for rent or to rent (by way of a rental agreement, lease, license or any other means, whether oral or written), for compensation or consideration, a short-term rental unit.
